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PTAB Eyes Swear-Behind Evidence with Skepticism

PTAB Eyes Swear-Behind Evidence with Skepticism

by Matthew Johnson | Dec 30, 2016 | Prior Art Issues

By Matt Johnson On December 20th, the PTAB found inventor Seymour Levine’s attempt to rescue certain claims of his patent via a swear-behind declaration unsuccessful.  Boeing Company v. Seymour Levine, IPR2015-01341, Final Written Decision (Dec. 20, 2016).  Mr....
USPTO Presents Results of Post Grant Outcomes Pilot

USPTO Presents Results of Post Grant Outcomes Pilot

by Matthew Johnson | Nov 23, 2016 | Other News, PTAB News

In April 2016, the PTO launched its Post Grant Outcomes Pilot, an initiative to inform Examiners of relevant PTAB proceedings regarding patents related to an application (e.g., a continuation, divisional, continuation-in-part) that they are currently examining....
PTAB Hand Slapped for Overeager Exclusion of Reg Synthetic Evidence

PTAB Hand Slapped for Overeager Exclusion of Reg Synthetic Evidence

by Matthew Johnson | Nov 18, 2016 | Evidentiary Issues, Federal Circuit Appeal

By Matt Johnson On Nov. 8, the Federal Circuit reversed a PTAB decision to exclude certain allegedly hearsay Reg Synthetic evidence submitted in an attempt to antedate a prior art reference because the Circuit panel found that the evidence was not submitted for the...
USPTO Issues Memorandum re Recent Subject Matter Eligibility Decisions

USPTO Issues Memorandum re Recent Subject Matter Eligibility Decisions

by Matthew Johnson | Nov 3, 2016 | Patent Eligible Subject Matter

On November 2nd, the USPTO issued new guidance to Patent Examiners regarding § 101 subject matter eligibility. The memorandum provides guidance based on Federal Circuit decisions issued since the Office’s most recent, May 2016, update. The four page letter...
PTAB Makes Dispositive Case Rulings Available Daily

PTAB Makes Dispositive Case Rulings Available Daily

by Matthew Johnson | Oct 25, 2016 | PTAB News

The PTAB has introduced a new page where case-dispositive rulings are posted on a daily basis.  This page facilitates a quick review of Final Written Decisions, Settlements, and Adverse judgments issued today and the day before.  The daily decisions page is described...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.